Rubottom v. M'Clure

M’Clure declared in trespass against Rubottom and Cassatt. The declaration contains two counts. The first sets out a breach of close, and lays, in aggravation of damages, the cutting down a number of trees, and the taking and carrying away them and a quantity of other timber. The second count is for taking and carrying away other trees.

*506General issue, and three special pleas. Each of the latter professes to answer the whole of the declaration, and avers that the defendants were in the employment of the commissioners of the Wabash and Erie canal; that they entered upon the close in the first…